Monday, 26 June, 2017

Colorado man to be freed early now in immigration custody

Rene Lima Marin sits for an interview with The Associated Press about the circumstances of his sentencing and incarceration in a meeting room inside Kit Carson Correctional Center a privately operated prison in Burlington Man Mistakenly Released From Prison Lived Upstanding Life, Now Gets Released For Real
Lamar Ellis | 20 May, 2017, 02:14

The U.S. Immigrations and Customs Enforcement took custody of Rene Lima-Marin, 38, Wednesday after a judge ordered him to be released from state prison in an armed robbery case. The attorney advised him to forgo the appeal and instead wait to be released on parole in 2008. But ICE can request that an inmate suspected of an immigration violation be held after their release from jail or prison under a form referred to as a hold or a detainer.

The judge continued, calling the now-former inmate an "asset to society" and "outstanding citizen" who encouraged youth to make good decisions.

Lima-Marin started his prison term in April 2000, after being found guilty of multiple counts of kidnapping, burglary, aggravated robbery and use of a deadly weapon during commission of a crime. Due to a clerk's error, Lima-Marin's sentences were listed as consecutive instead of concurrent, giving him a 98-year sentence, according to the Denver Post.

In an emailed statement Wednesday night, ICE said that Lima-Marin was "ordered removed" by a federal immigration judge in Denver years ago - on November 1, 2000. Lima-Marin was then released on parole in 2008. He voluntarily left his family and turned himself over to the police.

He was released, improperly, in 2008, but was rearrested in 2014, when authorities realized the mistake. In the ruling, he called Lima-Marin's re-incarceration "utterly unjust". Despite an Arapahoe County District Judge decrying Lima-Marin's imprisonment as "Draconian", he will continue to remain behind bars. "Accordingly, the government is deemed to have waived its jurisdiction to compel him to serve the remainder of his sentence".

Gov. John Hickenlooper released a statement about Lima-Marin's situation on Wednesday: "The family has shown unbelievable strength and we hope this is a temporary stop on his way to being reunited with his family".

"It was a really, really fast call. He said, 'Did you hear?' And I was like, 'Yeah, ' and I could just hear his smile", said Jasmine Lima-Marin.

Jasmine and their two children bought balloons and hung banners in anticipation of the family's reunion, but Lima-Marin never showed up. "The government-not Lima-Marin, his family, the community, and society-should bear the brunt of the consequences of its conscience-shocking deliberate indifference". The detainer was later confirmed, according to a statement from the Colorado Department of Corrections obtained by the Denver Post.

Lima-Marin was a Cuban immigrant who came to the United States with his parents as a toddler during the 1980 Mariel boatlift. They went to church together.

"His case was unique in that sense", said his attorney Kimberly Diego.

Diego told the Post that she is searching for an immigration specialist to clarify Lima-Marin's status.

"You have to question the motives of ICE", Salazar told The Independent. "We're going to do everything we can to avoid that, if that's possible". We're obviously all completely devastated by the news but working hard to see what there is to be done.

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